Disposed

Shiv Prakash Singh and 4 Others v. State of Up and Another

Allahabad HC13 Aug 2024CRLA/1212/2024

Case brief

AI extract

What is this about?

Criminal appeal sought quashing of a summoning order in an SC/ST Act case. The High Court did not decide the merits, directed the trial court to conclude proceedings within twelve months, protected appellants from coercive action pending trial, and disposed of the appeal.

What did the court decide?

Trial to conclude within 12 months; no coercive action against appellants during pendency of complaint case.

Shiv Prakash Singh and 4 Others vs State of Up and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131487

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1212 of 2024

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Appellant :- Shiv Prakash Singh And 4 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Devendra Kumar Singh Counsel for Respondent :- Anil Kumar Pandey,G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Devendra Kumar Singh, learned counsel for the appellants and Sri Anil Kumar Pandey, learned counsel respondent no.2 who has also filed counter affidavit today as well as learned AGA for the State.

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The instant appeal has been preferred with a prayer to quash the summoning order dated 22.08.2023 passed by learned Special Judge, SC/ST Act/Additional Sessions Judge, Banda in Special Criminal Case No.148 of 2022 (Ram Karan Vs. Shiv Prakash and others), under Section 504 IPC and Section 3(2)5A of SC/ST Act, P.S. Chilla, District Banda and further prayer of quashing of the entire proceedings of the said case, pending in the court of learned Special Judge, SC/ST Act/Additional Sessions Judge, Banda.

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Learned counsel for appellants pressed all the grounds whatsoever have been taken through the instant criminal appeal through which, it has been apprised that there is hardly any attraction of sections in which the appellants have been summoned and all these grounds have not been taken into consideration while passing the order dated 22.08.2023.

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Per contra, learned AGA for the State and learned counsel for respondent no.2 vehemently opposed the prayer sought through the instant appeal on the ground that summoning order has been passed after considering the material available on record.

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Be that as it may, no useful purpose will be served in keeping the matter pending and as such, learned court concerned is hereby directed to expedite and finalize the proceedings ofSpecial Criminal Case No.148 of 2022 (Ram Karan Vs. Shiv Prakash and others), under Section 504 IPC and Section 3(2)5A of SC/ST Act, P.S. Chilla, District Banda, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a

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certified copy of this order before him without granting any unnecessary adjournment to either of the parties but after giving full opportunity of hearing to both sides.

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Learned counsel for appellants assures on behalf of the appellants that they will fully cooperate with the learned trial court concerned for expeditious disposal of the said case.

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However, it is made clear that till the pendency of the above mentioned complaint case no coercive action shall be initiated against the appellants herein.

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The instant appeal is hereby disposed of accordingly.

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Order Date :- 13.8.2024 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Shiv Prakash Singh and 4 Others v. State of Up and Another

Case brief

What is this about?

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Shiv Prakash Singh and 4 Others v. State of Up and Another

Case brief

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